Dr.V.Rajendran, CHENNAI v. ACIT, Coimbatore

ITA 2023/CHNY/2015 | 2008-2009
Pronouncement Date: 18-10-2016 | Result: Allowed

Appeal Details

RSA Number 202321714 RSA 2015
Assessee PAN ACKPR5513K
Bench Chennai
Appeal Number ITA 2023/CHNY/2015
Duration Of Justice 1 year(s) 20 day(s)
Appellant Dr.V.Rajendran, CHENNAI
Respondent ACIT, Coimbatore
Appeal Type Income Tax Appeal
Pronouncement Date 18-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Date Of Final Hearing 18-05-2016
Next Hearing Date 18-05-2016
Assessment Year 2008-2009
Appeal Filed On 28-09-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B B ENCH CHENNAI . ' # . $ & ' BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY JUDICI AL MEMBER ./ I.T.A.NO.2023/MDS/2015 ( / ASSESSMENT YEAR: 2008-09) DR.V.RAJENDRAN C-84 K.V.RAMASAMY STREET GANDHI NAGAR UDUMALPET-642 106. VS THE ASSISTANT COMMISSIONER OF INCOME TAX SALARY CIRCLE COIMBATORE. PAN: ACKPR5513K ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. S.SRIDHAR ADVOCATE /RESPONDENT BY : MR. SUPRIYO PAL JCIT /DATE OF HEARING : 28 TH JULY 2016 /DATE OF PRONOUNCEMENT : 18 TH OCTOBER 2016 / O R D E R PER A. MOHAN ALANKAMONY AM:- THIS APPEAL IS FILED BY THE ASSESSEE AGGRIEVED BY T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (AP PEALS)- 3 COIMBATORE DATED 25.06.2015 IN ITA NO.35/2014-15 PASSED UNDER SECTION 143(3) R.W.S. 147 & 250(6) OF THE ACT. 2. THE ASSESSEE HAS RAISED SEVERAL GROUNDS IN HIS A PPEAL HOWEVER THE CRUXES OF THE ISSUES ARE AS FOLLOWS:- (I) THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS ) HAS ERRED IN UPHOLDING THE ORDER OF REASSESSMENT FRAMED BY THE LEARNED ASSESSING OFFICER UNDER SECTI ON 143(3) R.W.S 147 OF THE ACT. (II) THE LEARNED COMMISSIONER OF INCOME TAX (APPEAL S) HAS ERRED IN CONFIRMING THE ORDER OF THE LEARNED 2 ITA NO.2023/MDS/2015 ASSESSING OFFICER WHO HAD MADE ADDITION OF RS.20.00 LAKHS BY INVOKING THE PROVISIONS OF SECTION 2(22)( E) OF THE ACT. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL FILED ITS RETURN OF INCOME FOR THE ASSE SSMENT YEAR 2008-09 ON 30.09.2008 ADMITTING INCOME OF RS.46 56 210/-. SUBSEQUENTLY THE CASE WAS SELECTED FOR SCRUTINY UN DER SECTION 143(3) OF THE ACT AND ORDERS WERE PASSED ON 26.11.2010 ACCEPTING THE RETURNED INCOME. THEREAFTE R NOTICE WAS ISSUED UNDER SECTION 148 OF THE ACT ON 27.03.20 13 AND THE REASSESSMENT WAS MADE BY THE LEARNED ASSESSING OFFICER VIDE HIS ORDER DATED 26.03.2014 WHEREIN HE INVOKED THE PROVISIONS OF SECTION 2(22)(E) OF THE ACT AND M ADE ADDITION OF RS.20.00 LAKHS IN THE HANDS OF THE ASSE SSEE UNDER THE HEAD INCOME FROM OTHER SOURCE. THE REA SON FOR THE ADDITION WAS THAT THE ASSESSEE HAD RECEIVED AN AMOUNT OF RS.20.00 LAKHS AS ADVANCE FROM M/S.C.V.SPINNERS PVT.LTD. WHEREIN HE HELD MORE THAN 10% OF THE EQUITY SHARES. 4. BEFORE US THE LEARNED AUTHORIZED REPRESENTATIVE SUBMITTED THAT THE ASSESSEE HAD CHALLENGED THE ISSU E OF 3 ITA NO.2023/MDS/2015 REOPENING BEFORE THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) WHICH WAS NOT ADJUDICATED BY HIM. HE FURT HER SUBMITTED THAT THE LEARNED ASSESSING OFFICER HAD ER RED IN REOPENING THE CASE OF THE ASSESSEE BECAUSE THERE WA S NO FRESH MATERIAL FOUND BY THE LEARNED ASSESSING OFFIC ER AS THE ENTIRE FACTS WERE AVAILABLE BEFORE HIM AT THE TIME OF SCRUTINY ASSESSMENT UNDER SECTION 143(3) OF THE ACT. HE THE REFORE PLEADED THAT THE ORDER OF THE LEARNED ASSESSING OFF ICER AS WELL AS THE LEARNED COMMISSIONER OF INCOME TAX (APP EALS) MAY BE QUASHED. 5. THE LEARNED DEPARTMENTAL REPRESENTATIVE ON THE O THER HAND ARGUED BY STATING THAT THE LEARNED ASSESSING OFFICER HAD CONSIDERED THE ISSUE OF REOPENING IN HIS ORDER AND THE SAME WAS NOT AGITATED BY THE ASSESSEE BEFORE THE L EARNED COMMISSIONER OF INCOME TAX (APPEALS). HENCE IT WAS REQUESTED THAT THE ORDER OF THE LEARNED COMMISSIONE R OF INCOME TAX (APPEALS) MAY BE UPHELD. 4 ITA NO.2023/MDS/2015 6. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS ON RECORD. AFTER PERUSING THE ORDER OF TH E LEARNED ASSESSING OFFICER AND THE LEARNED COMMISSIONER OF I NCOME TAX (APPEALS) WE FIND THAT THE ISSUE WITH RESPECT TO REOPENING HAS NOT BEEN ADDRESSED BY BOTH THE REVENU E AUTHORITIES BY PASSING A SPEAKING ORDER ON THE ISSU E. THEREFORE IN THE INTEREST OF JUSTICE WE REMIT BAC K THE ENTIRE APPEAL TO THE FILE OF THE LEARNED ASSESSING OFFICER FOR DE NOVO CONSIDERATION. 7. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 18 TH OCTOBER 2016 SD/- SD/- ( ' # . $ ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) # % / JUDICIAL MEMBER % / ACCOUNTANT MEMBER # /CHENNAI ( /DATED 18 TH OCTOBER 2016 SOMU *+ + /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF